President Barack Obama says he won't take "no" as an answer from Republicans, so he's going around them to appoint the head of a new consumer protection agency. Obama says Republicans would just keep holding Richard Cordray's nomination hostageand the president says that's inexcusable and wrong.

He says Cordray must be in place in order for the Consumer Financial Protection Bureau to start helping consumers deal with unscrupulous mortgage companies, dishonest payday lenders, and others.

Obama announced the appointment of Cordray during a stop Wednesday in Ohio, where Cordray once served as attorney general.

Republicans are outraged but Obama says he has an obligation to act when Congress refuses to.

The recess appointment means Cordray stands to serve for at least the next two years.

This was done very deliberately. There was a small window in which Obama could have made a legal recess apt. He let it slide by, and then did this SO AS to get in congress’ face. Congress is pathetically unpopular right now and O’s plan is run against them. So he will be picking fight after fight and positioning himself as the champion of the people who gets things done despite the dysfunctional congress.

He should have been challenged on a fundamental level long ago. The Ruling Class Elites in the GOP leadership appeased him instead, and this is their reward. Unfortunately, we, not they, are the ones that will pay the price.

Republicans are outraged? What are they doing about it, send him a strongly worded post it note? Idiots.

Do you ever see the liberals give up? Even when they are out numbered they fight, and damit I don't care what the republicans do just as long as they fight. I'm sick and damn tired of these do nothing buffoons in congress!

Somehow, the US managed to survive over 200 years without such a position, and Obama decides it is so important, he must break the law to install his henchman. Thank goodness we have a POTUS who cares so much for the American people to break the law to help us. /half joking

President Obama today made an unprecedented recess appointment even though the Senate is not in recess  a sharp departure from a long-standing precedent that has limited the President to recess appointments only when the Senate is in a recess of 10 days or longer, according to Senate Republican Leader Mitch McConnell (R-KY).

It turns out that the action not only contradicts long-standing practice, but also the view of the administration itself. In 2010, Deputy Solicitor General Neal Katyal explained to the Supreme Court the Obama administrations view that recess appointments are only permissible when Congress is in recess for more than three days. Heres the exchange with Chief Justice John Roberts:

CHIEF JUSTICE ROBERTS: And the recess appointment power doesn't work why?

MR. KATYAL: The -- the recess appointment power can work in -- in a recess. I think our office has opined the recess has to be longer than 3 days. And -- and so, it is potentially available to avert the future crisis that -- that could -- that could take place with respect to the board. If there are no other questions 

CHIEF JUSTICE ROBERTS: Thank you, counsel.

Speaker Boehner called the appointment an extraordinary and entirely unprecedented power grab, and noted that the position had not been filled for one reason: the agency it heads is bad for jobs and bad for the economy.

I think McConnell, Boehner and a couple of other senators with standing should come out and publicly denounce this. The dictator’s in our faces every day. Why not call him on it? What’s he going to do next?

This is a violation of the Constitution in that the line in question speaks of vacancies that occur: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

This vacancy pre-dated the recess and was already under consideration by the Senate, and Cordray could not clear the hurdles. Obviously, the Senate thought there was no emergency or hurry. They left on vacation.

Unconstitutional because it was not a "happen during recess" issue.

Unconstitutional because the original constitution, with long periods for travel and communication, set this up for emergency vacancies, which this was not.

Unconstitutional because Cordray, even in a recess, cannot be "appointed". He could only be given a commission that automatically expires at the end of the Congressional session.

40
posted on 01/04/2012 11:30:03 AM PST
by xzins
(Pray for Our Troops Remaining in Afghanistan, now that Iran Can Focus on Injuring Only Them)

This was not a “recess” appointment. Technically the Senate is not in recess but they are all out of town.This appointment should be challenged on those ground but I doubt we’ll see anything from the spineless Repubs.

The Chicago Punk is jab-pushing Uncle Sam, sayin’ “What ya gon’ do ‘bout it?” He has back up positioned around the corner, under the manhole covers, hiding in doorways ready to riot, and knows he can get what he wants in this street fight.

The rest of us wait along with Congress for that day we can vote the SOB out of office, go in, and clean up the mess.

We have to have Gingrich. HE IS American.

45
posted on 01/04/2012 11:33:27 AM PST
by rockinqsranch
(Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)

Frankly, I’m so jaded I just see them all as part of the problem. It started with Trent Lott for me. I’m so done with politics. It’s why I moved from my multi decade home of Seattle to a small farm in rural central Kentucky this summer. I saw last year as August of 1939. I see this year as the year that September of 1939 comes. I believe it to the core of my being.

Of course, I could still be wrong, but I’m putting my money where my mouth is. ;)

who is going to pay this new agency chief and his staff? congress? or obama

With all the legislation that has been passed, that many have not bothered to read, how do we know if this isn't already paid for or funding set aside?

The GOP do have mouths, they can speak. They can call out this president, they can hold press conferences....

Its amazing how the democrats when they are in the minority can get a lot accomplished.... And when they are in the majority, they're nearly unstoppable because the GOP either goes along with them or rolls over.

Disclaimer:
Opinions posted on Free Republic are those of the individual
posters and do not necessarily represent the opinion of Free Republic or its
management. All materials posted herein are protected by copyright law and the
exemption for fair use of copyrighted works.